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HomeMy WebLinkAbout20171550 Ver 1_Shoreline Stabilization_20171127s� V i i J 1 2 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑X Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP3 3 or General Permit (GP) number: GP30 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes Q No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Lake Lure Dredging 2b. County: Rutherford 2c. Nearest municipality / town: 2d. Subdivision name: Lake Lure 2e. NCDOT only, T.I.P. or state project no: u"INO 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. Town of Lake Lure D S 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: PO Box 255 3e. City, state, zip: Lake Lure, North Carolina 28746 3f. Telephone no.: 828-625-9983 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: pX Agent ® Other, specify: Granted permission by Town to apply 4b. Name: James T. Cain 4c. Business name (if applicable): Fairfield Mountains POA, Inc. d/b/a Rumbling Bald Resort 4d. Street address: 112 Mountains Boulevard 4e. City, state, zip: Lake Lure, North Carolina 28746 4f. Telephone no.: 828-694-3011 4g. Fax no.: 866-316-2545 4h. Email address: jcain@rumblingbald.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Parcel ID 1647423 1b. Site coordinates (in decimal degrees): Latitude: 35.46 Longitude: -82.191755 1c. Property size: 800 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Lake Lure 2b. Water Quality Classification of nearest receiving water: C; TR 2c. River basin: Broad BRD 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: General land use either resort recreation. Existing conditions, Edge of Lake Lure contains sediment build up on north end of lake. 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Just in lake area 3d. Explain the purpose of the proposed project: North end of Lake Lure a sediment containment pit was previously constructed to collect sediment from inflow stream. Containment pit is just a pit in tF 3e. Describe the overall project in detail, including the type of equipment to be used: Lake will be lowered. Trachoe will remove sediment from pit into dump trucks which will haul sediment off site to another location. Trachoe will not enb 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes ❑ No © Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made. ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 2003 the lake was dredged and permits were acquired at that time. 6. Future Project Plans 6a. Is this a phased, project? ❑ Yes Q No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑X Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No W2 - Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 - Choose one Choose one Yes/No W5 Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one - S3 - Choose one S4 - Choose one - S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 T Lake Lure Dredging Lake > 1/4 acre 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: S. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. Wetland Impacts (acres) Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. is a dam high hazard permit required? ❑ Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. No stream crossings. No construction of structures as part of the project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Using mats for equipment and hauling all spoils off property, away from lake. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes © No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this ❑ Mitigation bank ❑ Payment to in -lieu fee P►n9ramproject? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete If Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ ❑ Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e, Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Dredging lake. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered 'yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State Oyes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes rXI No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes Q No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes Q No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes Q No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? None 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Map 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes Q No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Register of Historic Places website 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Q Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: It is dredging in the lake 8c. What source(s) did you use to make the floodplain determination? FEMA Map ni VIA Applicant/Agent's Printed Name Date Ap ca gent Signature ( enfs signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 ComtectGIS Feature Report 1 of 2 ANCONNFUGIS WES HOSTI!dc Vim.. https://rutherfordcounty.connectgis.com/DownloadFile. ashx?i=_ags_ is S 1 :97 Feet RutherfordCounty Printed November 15, 2017 See Below for Disclaimer Major Highways Roads Lake Lure Parcels County Lines 13 itherford County Geographic Information Systems (GIS) Data Distribution Disclaimer The County of Rutherford acquires, develops, maintains and uses GIS data ippon of its internal business functions and for the public services it provides. The GIS data which Rutherford County distributes and to which it provides acce ay not be suitable for other purposes or uses. It is the userif-s responsibility to verify any information derived from the GIS data before making any decisions king any actions based on the information. Rutherford County shall not be held liable for any errors in the GIS data. 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